The Employee Retirement Income Security Act (ERISA) has been in effect since 1974 to protect the rights of participants in and beneficiaries of private group health and pension plans. It ensures that plan administrators and fiduciaries act in the best interest of the plan and its members. When they fail to do so, legal action can be taken.
One option for plaintiffs in ERISA cases is to request an action for injunctive relief for ERISA violations in Louisiana. This is best done with assistance from an experienced ERISA attorney who is familiar with plaintiff rights.
ERISA claims can be brought based on numerous actions taken by plan administrators or by fiduciaries of the plan. For example, if a plan administrator withholds documentation or other information, it can be a violation of ERISA laws. Another possible violation would be if a fiduciary makes an investment to benefit themselves or has a conflict of interest in that regard.
In general, civil claims can be brought by a participant or beneficiary of an ERISA plan for any one of the following reasons:
When an ERISA plan administrator or fiduciary has violated ERISA laws, beneficiaries and participants associated with that plan can seek actions for civil relief. However, ERISA requires that actions for relief be equitable, in the sense that they require the defendant to act or refrain from acting in a particular way and are implemented only when other legal remedies do not provide sufficient restitution.
An action for injunctive relief for Louisiana ERISA violations usually takes the form of a court injunction. While there is no single set of ERISA-approved remedies for relief, each subsection of ERISA §502(a) includes a cause of action and available remedies under the cause of action.
For instance, a fiduciary of an ERISA plan may be ordered by the court through an action for injunctive relief to refrain from taking on any future fiduciary positions. Under ERISA, fiduciaries are held to a high standard, which means misconduct that violates statutory obligations could be valid grounds for a permanent injunction against them.
Unlike other types of relief, such as those attainable through personal injury claims, an injunctive relief may be appropriate even if no loss has occurred. If a plaintiff can prove that ERISA laws were broken, actions for relief—including injunctive relief—may be granted, even if the defendant did not cause any loss to the plaintiff or to the plan.
ERISA law can be confusing and quite complex, and even the Supreme Court sometimes struggles to interpret it appropriately. When filing a lawsuit for ERISA violations, having a knowledgeable and experienced lawyer on your side may be necessary to achieve a positive resolution to your case.
A qualified attorney could help you request an action for injunctive relief for ERISA violations in Louisiana or with other requests for relief. If you believe your employer, plan administrator, or plan fiduciaries have violated ERISA regulations, call today to schedule a consultation.
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